Neutral Citation No. - 2025:AHC:90195 Court No. - 6 Case :- WRIT - A No. - 8326 of 2022 Petitioner :- Rajesh Kumar Respondent :- Banaras Hindu University And 4 Others Counsel for Petitioner :- Ujjawal Satsangi Counsel for Respondent :- Hem Pratap Singh,Krishna Raj Singh Jadaun Connected with Case :- WRIT - A No. - 20256 of 2022 Petitioner :- Dr. Rajesh Kumar Respondent :- Banaras Hindu University And 6 Others Counsel for Petitioner :- Ujjawal Satsangi Counsel for Respondent :- Hem Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ujjawal Satsangi, learned counsel for petitioner and |Sri Hem Pratap Singh, Advocate for Respondent-University. 2. Writ Petition No. 8326 of 2022 is filed challenging orders dated 02.04.2022 and 04.04.2022 as well as quashing the appointment of Respondent-5 as Course Coordinator, M.Sc. (Plant Biotechnology) at Banaras Hindu University. 3. By impugned order dated 04.04.2022, Respondent-5 was appointed as Course Coordinator for a period of three years and impugned order dated 02.04.2022 is the minutes of meeting whereby claim of petitioner was rejected on ground that there was lot of complaints against him by M.Sc. PBT Students including girls for misconduct, misbehavior, misapportionment of marks and financial embezzlement. 4. Learned counsel for petitioner submits that in aforesaid circumstances, petitioner has rushed this Court that on basis of erroneous grounds and allegations petitioner was non-suited and Respondent-5 was appointed though he has not denied that tenure of Respondent-4 is now over. 5. In Writ Petition No. 20256 of 2022 petitioner has challenged order dated 25.08.2022 whereby a SC/ST Grievance Cell was constituted to look into the allegations against petitioner. 6. Learned counsel for petitioner submits that in second writ petition this Court has passed following interim order dated 15.12.2022: “1. Pursuant to last order, learned counsel for the University has produced the Notification dated 01.08.2018 issued by the Assistant Registrar appointing Rama Devi as Professor Incharge, Rajiv Gandhi South Campus, Banaras Hindu University, in addition to her own duties as Dean, Faculty of Veterinary and Animal Sciences. 2. Referring to the above, learned counsel for the petitioner would contend, the Grievance Cell presently constituted is contrary to Faculty Level Grievance Cell constituted on 11.05.2013. No Member of the concerned department i.e. Department of Genetics and Plant Breeding has been made Member of that Cell. Second, it has been submitted, Faculty of Veterinary and Animal Sciences being completely different, the senior most faculty Member of that Faculty who may be a Member of the SC/ST community could not have been made the Chairman of the Grievance Cell to consider the complaint made against the petitioner. 3. Matter requires consideration. 4. Learned Standing Counsel prays for and is granted ten days time to file proper counter affidavit. Petitioner shall have three days time thereafter to file rejoinder affidavit. 5. List on 12 January 2023 in top ten cases along with Writ - A No. 8326 of 2022. 6. Till the next date of listing, proceedings initiated against the petitioner pursuant to the complaints dated 18.04.2022 and 05.08.2022 shall remain stayed. In the meantime, it is left open to the University to reconstitute the Grievance Cell, in accordance with law.” 7. At this stage, learned counsel for Respondent-University submits that now petitioner has been appointed as Course Coordinator by a recent order dated 22.04.2025 for a period of three years and so far as grievance of re-constitution of committee is concerned, concerned respondent has constituted a new committee though details of the same are not on record. 8. In aforesaid circumstances, prayer in first writ petition to challenge appointment of Respondent-5 does not survive since his tenure is already over and now petitioner is appointed as Course Coordinator for three years vide order dated 22.04.2025. 9. As referred above, by interim order dated 15.12.2022 passed in Writ Petition No. 20256 of 2022 the constitution of Grievance Cell was stayed and since a statement has been made that it has now been reconstituted, therefore, prayer in second writ petition also become infructuous. 10. In view of above, both writ petitions are disposed of with observation that petitioner will be confronted with reconstitution of committee and in case he has any grievance, he can file objection to it before concerned respondent. So far as observations made in minutes of meeting dated 02.04.2022 is concerned, it does not survive since ignoring it petitioner is now appointed as Course Coordinator. However, this order will not come in the way if a proper inquiry is initiated against the petitioner in accordance with law. Order Date :- 27.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad